Newsletter

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Ombudsman Program

Abuse, Neglect
Exploitation Manual

Foreword
Introduction
Definitions and
    Types of Abuse

Adult Protective
    Services

Reporting Abuse
North Carolina
    Agency Roles

Laws and
    Regulations

Indicators
Risk Factors
The Cycle of
    Violence

The Abuser &
    Causes

Victims of Abuse,
    Neglect, and
    Exploitation

Important Phone
    Numbers

Prevention of
    Elder Abuse

Abbreviations
Glossary
Remember

Senior Tar Heel
Legislature

Directory of Resources

Family Caregiver Support Program



Elder Abuse, Neglect, and Exploitation Manual:
A Guide to Awareness and Prevention?
NORTH CAROLINA AGENCY ROLES

This is a brief list of various agencies in North Carolina. A portion of the agencies responsibilities listed below, are involved in the prevention of elder abuse and neglect. This inventory provides an indication of the magnitude of involvement among various departments, especially within the Department of Health and Human Services.

State Agencies

THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
The Department of Health and Human Services advocates for citizens age 60 and older and their families and helps younger generations prepare to enjoy their later years. Its divisions enrich the lives of older North Carolinians by supporting safe and stable living arrangements, enhancing self-sufficiency, enhancing quality of life, safeguarding the rights and interests of older/disabled people, marketing health care for older/disabled people, and promoting independent living.

DIVISION OF AGING - HOME AND COMMUNITY SERVICE
In cooperation with state Area Agencies on Aging and 260 public and private local organizations, the Division of Aging supports a wide range of home and community-based services. The Division also helps to improve senior centers as a resource for communities. The services and programs vary from one county to another based on the needs of particular counties.

Elder Rights: protecting and securing the rights and benefits of older adults is central to the work performed by the aging network

  • North Carolina’s Long-term Care Ombudsman Program consists of state and regional ombudsmen who help residents of long-term care facilities to exercise their rights.
  • Elder Abuse, Neglect, and Exploitation Prevention Education is provided in conjunction with the Division of Social Services, county departments of social services, local and state agencies, and Area Agencies on Aging to provide educational seminars, and technical assistance on the prevention of elder and disabled abuse, neglect, and exploitation.

Advocacy: The Division of Aging supports several organizations that are effective advisors and advocates on aging issues. These include the Governor’s Advisory Council on Aging and the North Carolina Senior Tar Heel Legislature.

  • The Governor’s Advisory Council on Aging is authorized by state legislation to make recommendations to the governor and the secretary of the Department of Health and Human Services for improving services to older/disabled adults.
  • The North Carolina Senior Tar Heel Legislature was created by the state General Assembly to provide information to older adults on the legislative process and matters being considered by the General Assembly. The Senior Tar Heel Legislature also promotes citizen involvement and advocacy about aging issues.

Division of Facility Services

The Division of Facility Services (DFS) inspects, certifies, registers and licenses hospitals, nursing homes, adult care homes, mental health facilities, home care programs, and other health facilities. DFS ensures that all patients, including those covered by Medicaid, receive quality care when they reside in a long-term care facility.

THE STATE HEALTH COORDINATION COUNCIL
The council is a twenty-seven-member body appointed by the governor. The council and the division are charged by state law with developing policy, criteria, and standards for health service facilities planning; making a determination of need for health services facilities; and determining the need for nursing home beds.

CERTIFICATE OF NEED SECTION
State law requires any person wanting to establish a health care facility, including nursing homes, to first make application for a certificate of need. This section reviews and evaluates the applications in terms of such criteria as need, cost of services, accessibility to services, quality of care, and feasibility.

HEALTH CARE PERSONNEL REGISTRY SECTION
This provides a registry of all persons who have met the federal and state training and competency requirements to perform Nurse Aide I function. It also maintains a list of assistive personnel who have been accused of harming, or been found to have harmed, a resident in a facility.

Division of Medical Assistance

MANDATORY SERVICES
At a minimum, all state Medicaid programs must cover a core of health services. The following mandatory services are provided for Medicaid recipients in North Carolina:

INPATIENT HOSPITAL SERVICES
Medicaid covers hospital inpatient services without a limitation on the length of stay.

OUTPATIENT HOSPITAL SERVICES
Outpatient services are covered subject to Medicaid’s annual 24-hour physician-visit limitation, except for emergency room visits, which have no limits.

NURSING FACILITY
Nursing facility services are mandatory for recipients aged 21 and older. The Omnibus Reconciliation Act of 1987 established uniform requirements for institutions that formerly were identified as Medicaid skilled nursing facilities.

HOME HEALTH SERVICES
Medicaid covers visits provided by certified home health agencies for skilled nursing services, physical therapy, speech-language pathology services, and home health aide services for homebound patients.

OPTIONAL SERVICES
Federal law permits states to cover additional services at their discretion. The following are optional services North Carolina Medicaid covers:

INTERMEDIATE CARE FACILITIES FOR THE MENTALLY CHALLENGED
Services are covered for those who are mentally retarded or who have a related condition.

PERSONAL CARE SERVICES
Medicaid Personal Care Services cover personal aide services in private residences to perform personal care tasks for patients that have a debilitating medical condition, and need help with basic personal care activities.

MENTAL HEALTH SERVICES
Patients who have a plan of treatment developed by an area program center are offered outpatient mental health services, partial hospitalization, and emergency services through Mental Health, Developmental Disabilities, and Substance Abuse Services.

Division of Mental Health, Developmental Disabilities, and Substance Abuse Services

The Division of Mental Health, Developmental Disabilities, and Substance Abuse Services offers help and support to North Carolinians and their families suffering from mental illness, struggling with a drug or alcohol addiction or coping with a developmental disability.

Division of Public Health

The Division of Public Health works to build healthy communities, promotes healthful living, and reduces the risk and consequences of disease. Its primary role is to strengthen local health departments and to improve public health.

Division of Social Services

ADULT PLACEMENT SERVICES
All one hundred county departments of social services help aging or disabled adults find appropriate living and health care arrangements when their health, safety, and well being can no longer be maintained at home.

ADULT PROTECTIVE SERVICES
All 100 county departments of social services in North Carolina provide adult protective services to disabled adults who have been abused, neglected, or exploited. Adult protective services include evaluating the need for protection, determining which services are needed, and providing or making arrangements for these services.

ADULT CARE HOME MANAGEMENT SERVICES
County departments of social services provide a case manager to work in partnership with residents, residents’ families, significant others, adult care homes, and community service providers to assure that the needs and preferences of heavy care residents living in adult care homes are being met.

Attorney General’s Office

CONSUMER PROTECTION SERVICE
The Consumer Protection Section protects the public from fraud, deception, price fixing, price gouging, restraint of trade, and other unfair and deceptive trade practices.

 

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